the draft constitution of the commonwealth of grenada

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(a) (b) (c) one member appointed by the President, acting in his or her own deliberate judgment, who shall be Chairman; one member appointed by the President, acting in accordance with the advice of the Prime Minister; and one member appointed by the President, acting in accordance with the advice of the appropriate representative bodies. (2) A person shall not be qualified for appointment as a member of the Board if he or she is a member of the National Assembly. PART IV PENSIONS Pensions 147.(1) The law applicable to the grant and payment to any officer, or to any officer’s widow, children, dependents or personal representatives, of any pension, compensation, gratuity or other like allowance in respect of the service of that officer in a public office shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is no less favourable to the person concerned. (2) The law applicable with respect to any pension benefits (not being benefits to which subsection (1) of this section applies) shall– (a) (b) in so far as those benefits are wholly in respect of a period of service as judge or public officer that commenced before the date upon which this section comes into operation, be the law that was in force on the date upon which this section comes into operation; and in so far as those benefits are wholly or partly in respect of a period of service as a judge or public officer that commenced after this section comes into operation, be the law in force on the date on which that period of service commenced, or any law in force at a later date that is not less favourable to the person concerned. (3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his or her case, the law specified by him or her for exercising the option shall, for the purposes of this section, be deemed to be more favourable to him or her than the other law or laws. (4) All pension benefits shall (except to the extent that they are charged upon and duly paid out of some other fund) be a charge on the Consolidated Fund. 84
(5) In this section “pension benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as judges or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. (6) In this section references to service as a judge are references to service as a judge of the Court of Appeal, a judge of the High Court or a judge of the Supreme Court established by the Windward Islands and Leeward Islands (Courts) Order in Council 1959, and references to service as a public officer include service in an office established under section 12 of the Courts Order. (7) References in this section to the law with respect to pension benefits include (without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which such benefits that have been granted may be withheld, reduced in amount or suspended, and the law regulating the amount of any such benefits. Discretion to grant pension benefits 148.(1) Where, under any law any person or authority has a discretion - (a) to decide whether or not any pension benefits shall be granted; or (b) to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the Public Service Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them. (2) Where the amount of any pension benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him or her shall be the greatest amount for which he or she is eligible unless the Public Service Commission concurs in his or her being granted benefits of a smaller amount. (3) The Public Service Commission shall not concur under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held the office of judge of the Court of Appeal, judge of the High Court, Director of Public Prosecutions, or Director of Audit has been guilty of misbehaviour in that office unless that person has been removed from the office by reason of such misbehaviour. (4) Before the Public Service Commission concurs under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held any office to which, at the time of such action, the section of this Constitution pertaining to the Director of Audit applies has been 85
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THE DRAFT CONSTITUTION OF THE COMMO
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(d) (e) (f) (g) (h) (i) freedom in
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(b) a culpable omission by him or h
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(8) A person who is tried for a cri
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(c) (d) (e) (f) (g) (h) (i) (j) for
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the purpose of giving effect to the
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(c) (iv) regulating the administrat
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(h) (iii) (iv) (v) to be detained i
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(d) for the transfer between Grenad
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(3) Within three days of the making
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attorney-at-law shall be permitted
Page 23 and 24: (2) References in sections 13, 14,
Page 25 and 26: CHAPTER III HEAD OF STATE - THE PRE
Page 27 and 28: within fourteen days of the notice
Page 29 and 30: and, as soon as is practicable, the
Page 31 and 32: (a) a retired jurist who shall be c
Page 33 and 34: (a) (b) if the President, acting in
Page 35 and 36: other persons acting under and in a
Page 37 and 38: (d) (e) is under a sentence of deat
Page 39 and 40: (b) the seat of a member of the Nat
Page 41 and 42: (f) for determining the standards o
Page 43 and 44: (a) a Finance and Public Accounts C
Page 45 and 46: CHAPTER VI THE ELECTORAL AND BOUNDA
Page 47 and 48: (d) (iii) where he or she is not en
Page 49 and 50: CHAPTER VII THE JUDICIARY PART I Th
Page 51 and 52: 84. (i) The President of the Court
Page 53 and 54: (ii) he or she is qualified to prac
Page 55 and 56: (b) of Nations or as a judge of a c
Page 57 and 58: Court of Justice, an appeal shall l
Page 59 and 60: Supreme Court Order but less any su
Page 61 and 62: court, not being a person who is pr
Page 63 and 64: (b) years a magistrate or judge of
Page 65 and 66: Oath of Allegiance and the Oath of
Page 67 and 68: National Assembly in respect of a f
Page 69 and 70: (f) (g) a member of the Public Serv
Page 71 and 72: criminal matters in some part of th
Page 73: PART II Cabinet Secretary, permanen
Page 77 and 78: CHAPTER X DIRECTOR OF AUDIT Directo
Page 79 and 80: CHAPTER XI THE DIRECTOR OF PUBLIC P
Page 81 and 82: acting under and in accordance with
Page 83 and 84: 180. A person who, on or after the
Page 85 and 86: CHAPTER XIII PART 1 THE PROTECTIVE
Page 87 and 88: (b) (c) area over which the State h
Page 89 and 90: Prisons to assist the Commissioner
Page 91 and 92: 187.(1) There shall be a Fire Servi
Page 93 and 94: (13) Nothing in this Section shall
Page 95 and 96: CHAPTER XV ALTERATION OF THE CONSTI
Page 97 and 98: the Bill in that House, and shall m
Page 99 and 100: CHAPTER XVI TREATIES AND EXECUTIVE
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the draft constitution of the commonwealth of grenada

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